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Welcome Back To The Wireless |
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This Week's Wireless Headlines:
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NO POLITICS HERE This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.
FREE TO EVERYONE — SUPPORTED BY READERS A new issue of the Wireless Messaging Newsletter is posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the web. That way it doesn’t fill up your incoming e-mail account. There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world’s major Paging and Wireless Messaging companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It’s all about staying up-to-date with business trends and technology. I regularly get readers’ comments, so this newsletter has become a community forum for the Paging, and Wireless Messaging communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it. I spend the whole week searching the INTERNET for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.
Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions. |
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Service Monitors and Frequency Standards for Sale
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Tile thinks a $1 million fine will deter stalkers from using its trackersIts new theft-prevention feature has heavy penalties for anyone caught using them criminally.
Will Shanklin Tile is giving its customers a new option to make its trackers harder for thieves to detect. But since doing so also makes it easier for stalkers to track others without their consent, the company requires verification with a government ID and biometric info to activate the feature. And if someone gets caught using them to stalk, Tile’s terms and conditions will slap them with a $1 million penalty. +The rise in popularity of Bluetooth trackers after Apple’s AirTag launch has highlighted the seemingly zero-sum balance between theft and stalking prevention. Stalking prevention measures, like emitting a sound when the tracker is following someone who isn’t its owner, can make it easier for thieves to recognize they’re being tracked (and quickly dispose of the accessory). But if you remove those protections to make theft deterrence more effective, creeps will have an easier time stalking their exes or anyone else unlucky enough to be their target. “The bottom line is that a good locating device is also a good stalking device,” said Life360 (Tile’s parent company) CEO Chris Hulls in a Medium blog post on Wednesday. “It is almost impossible to fine-tune alerts in a way that balances the need for accuracy with timeliness. Likewise, it is nearly impossible to make notifications or alert sounds noticeable enough in any practical environment — it is often hard to hear an AirTag beep in a silent room let alone a bar or club where a stalker might be present.” Tile’s solution tries to find the sweet spot. The Anti-Theft Mode feature will make the devices invisible to Scan and Secure, the company’s in-app feature that lets you know if any nearby Tiles are following you. But to activate the new Anti-Theft Mode, the Tile owner will have to verify their real identity with a government-issued ID, submit a biometric scan that helps root out fake IDs, agree to let Tile share their information with law enforcement and agree to be subject to a $1 million penalty if convicted in a court of law of using Tile for criminal activity. So although it technically makes the device easier for stalkers to use Tiles silently, it makes the penalty of doing so high enough to (at least in theory) deter them from trying.
Hulls believes the approach is superior to Apple’s solution with AirTag, which emits a sound and notifies iPhone users that one of the trackers is following them. (Android users need to download a separate app to receive similar alerts.) “We did our own limited internal testing (view results here) to see how quickly AirTags would trigger an alert when following someone who was not their owner, and the results were disappointing,” said Hulls. The CEO says the company’s studies, using the latest AirTag software, show that tracked participants received their first “an AirTag is moving with you” alert within one to 24 hours of walking or driving — and sometimes not for several days. Hull says Tile will “make public, to the greatest extent legally possible, all data about any instances of misuse of Tile devices that have been Anti-Theft enabled. Finally, while I am highly confident that the numbers will prove our thesis true, if we find we are wrong, we will reverse course and publicly acknowledge our mistake.”
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| Source: | engadget |
Paging Transmitters 150/900 MHz The RFI High Performance Paging Transmitter is designed for use in campus, city, state and country-wide paging systems. Designed for use where reliable simulcast systems where RF signal overlap coverage is critical.
Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022
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Thousands of Users Worldwide Depend on Prism IPXOur Customers Trust Us To Make Sure That Their Messages Get Delivered
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Blackberry was a status symbol, the world used to run on BB pin, suddenly a shock and the company was sold
Highlights:The company was started in Canada in 1984 by two engineering students. For the first time in 1996, the company made a two-sided pager. TCL bought Blackberry in 2016. New DelhiBlackberry, as soon as this name appears, a picture of a phone emerges which was the identity of the rich. Later, its craze among the youth was such that blackberry was visible in everyone’s hand. Blackberry’s messenger service BB Pin became so popular even before WhatsApp that it became a boon for messaging for the people. Blackberry had a monopoly in the smartphone market, but suddenly what happened that the company’s sales in the same year Fell face down. The situation became such that the company started going bankrupt and was finally sold. And all this happened within only 6 years. Then the manufacturing of the phone itself stopped. Now no one knows whether Blackberry will come again or not. What was the reason behind this, not doing anything new, ignoring the competition of the market or something else. Let us know the story of the downfall of the world’s largest mobile company. Blackberry started in Canada. Here in 1984, two engineering students Mike Lazaridis and Douglas Fragin founded Research in Motion (RIM). This company earlier used to do LED for GM, local networking for IBM and film editing. In 1989, RIM first designed a network system for Mobitex. This system was related to messaging and from here lay the first step towards the mobile network. pager rockedIn 1996, RIM launched its first pager in the market. It was a two-way pager and people liked it a lot. It was linked to Wi-Fi, quick messaging and web browsing. This was the best and first experience for the people. RIM dominated the world of pagers. then came the first callRIM introduced its first phone in 2002. Improving this, in 2006, RIM added a trackball to it. This was a unique feature and with this trackball, users could easily scroll around the screen of the phone. It revolutionized email, text messaging and web browsing from the phone. Blackberry’s simple design and user-friendly interface were taken by the people. Now came BBMBlackberry introduced its messaging service BBM with this. Now this revolution had increased so much that no mobile company or network was able to beat Blackberry. Only Blackberry users could use the BBM service. People had become used to BBM and Blackberry took full advantage of this. There was neither Apple, nor Samsung, nor Motorola in the hands of the people, now it was only the era of Blackberry. iPhone started to gain holdThis was the period when the iPhone had come in the market and it was a new device of its kind for the people. It was a full touch screen phone and Blackberry was still using the keypad. However, Blackberry did not see the iPhone as a competition and perhaps it was its fault as well. In the meantime, RIM launched the BlackBerry Flipphone in 2008, and a few days later the Storm model with a touch screen. It was telling somewhere that the knock of iPhone had created some fear in the mind of Blackberry. Blackberry got a shock after the Storm was launched. Because people started rejecting the Storm of the company whose phone was being liked even with the shortcomings. Many shortcomings were pointed out in this. But even then there was not much difference in the sale of Blackberry, the reason was that the iPhone was too expensive. Now the journey to the end beginsIn 2010 Apple launched the iPhone 4 and it was the beginning of the end for Blackberry. With its launch, for the first time, Apple beat Blackberry in the cell. Along with this, the bad rim kept getting jerks on jerks. RIM’s share of the global market dropped to 20 percent in 2009, and by 2012 it had dropped to less than 5 percent. When I woke up it was too lateNow RIM was yearning and as a result of this yearning, RIM launched a special touch screen phone in 2013 keeping its official name Blackberry. The company was sure that its traditional buyers would return but this did not happen, the era of Apple and Android had come. By 2016, the situation worsened so much that RIM’s official share in the global market became zero. and then sold the companyRIM or say Blackberry had gone bankrupt, the company’s condition was bad. Meanwhile, the Chinese company TCL bought the Blackberry phone brand. The company then launched the Blackberry phone and Key 2 devices in 2018, but nothing happened. People had moved on. In 2019, people were waiting that Blackberry could make a comeback by bringing a new phone, but it did not happen. A company which introduced people to the messaging service had now collapsed. Now no one knows whether any Blackberry phone will come or not. Yes, some Blackberry lovers are still waiting for it. |
| Source: | presswire18 |
| Easy Solutions |
Providing Expert Support and Service Contracts for all Glenayre Paging Systems.The GL3000 is the most prolific paging system in the world and Easy Solutions gladly welcomes you to join us in providing reliable support to the paging industry for many more decades in the future. Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.
Experts in Paging Infrastructure
Please see our web site for exciting solutions designed specifically for the Wireless Industry. We also maintain a diagnostic lab and provide important repair and replacement parts services for Motorola and Glenayre equipment. Call or Easy Solutions |
| Readers of the Newsletter who are Ham Radio Operators |
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| Source: | Amateur Radio callsigns of readers. Please click here to add yours. |
GLENAYRE INFRASTRUCTUREService ContractsI would like to recommend Easy Solutions for Support of all Glenayre Paging Equipment. This Texas company is owned and operated by Vaughan Bowden. I have known Vaughan for over 35 years. Without going into a long list of his experience and qualifications, let me just say that he was the V.P. of Engineering at PageNet which was—at that time—the largest paging company in the world. So Vaughan knows Paging. GTES is no longer offering support contracts. GTES was the original group from Vancouver that was setup to offer support to customers that wanted to continue with the legacy Glenayre support. Many U.S. customers chose not to use this service because of the price and the original requirement to upgrade to version 8.0 software (which required expensive hardware upgrades, etc.). Most contracts ended as of February 2018. If you are at all concerned about future support of Glenayre products, especially the “king of the hill” the GL3000 paging control terminal, I encourage you to talk to Vaughan about a service contract and please tell him about my recommendation. Click on the image above for more info about advertising here. |
INTERNET Protocol Terminal The IPT accepts INTERNET or serial messaging using various protocols and can easily convert them to different protocols, or send them out as paging messages. An ideal platform for hospitals, on-site paging applications, or converting legacy systems to modern protocols.
Additional/Optional Features
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
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Paging Data Receiver PDR-4 The PDR-4 is a multi-function paging data receiver that decodes paging messages and outputs them via the serial port, USB or Ethernet connectors. Designed for use with Prism-IPX ECHO software Message Logging Software to receive messages and log the information for proof of transmission over the air, and if the data was error free.
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
Wireless Network Planners
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R.H. (Ron) Mercer |
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| Telephone: 631-786-9359 | |
wirelessplannerron@gmail.com  |
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FCC hopeful Gigi Sohn could be named chair by White House, sources sayBy Lydia Moynihan February 16, 2023 3:50pm Updated
If Gigi Sohn gets confirmed to join the Federal Communications Commission, the Biden administration may install the ultra-progressive telecom maven as chair of the powerful panel, insiders told On The Money. In a Tuesday Senate hearing, Sohn claimed that any rumor she wants to be chair is “false.” However, sources say Sohn has privately told friends that the only reason she has weathered her year-and-a-half candidacy is because she has been assured by White House officials that they plan to make her chair. “It would be incredibly embarrassing to pull her now,” one source noted. Specifically, people close to Sohn say the administration believes it will be easier to get Senate approval for her nomination as a commissioner and then appoint her as chair to replace Jessica Rosenworcel, a Democratic Obama appointee. Indeed, Biden officials followed a similar playbook when they installed Lina Khan — a left-leaning, anti-tech trustbuster — as chair of the Federal Trade Commission in 2021. Neither Sohn, nor the White House responded to a request for comment. It’s unclear if Sohn will win the Senate nomination, with Democrat Joe Manchin reportedly still on the fence. If people say Democrats are hopeful she’ll pull it off — and eventually replace current FCC chair Jessica Rosenworcel as chair, insiders told On The Money. Conservatives fret that Sohn — who has previously slammed Fox as “dangerous to our democracy” and encouraged the FCC to examine if conservative-leaning Sinclair Broadcast Group is “qualified” to keep its broadcast license — would move as FCC chair to revoke the license of right-leaning talk radio stations and even cable channels. “If your license gets pulled your program is yanked immediately,” a source added. Most recently, Sohn worked at Locast — a startup that captured and retransmitted broadcast signals online without permission from cable companies. Locast was slapped with a $32 million lawsuit that ultimately cost just $1 million to settle after it became clear Sohn would be nominated for the FCC, The Post reported. |
| Source: | NY Post |
Brad Dye, Ron Mercer, Allan Angus, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects. Click here Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work. Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience. “If you would know the road ahead, ask someone who has traveled it.” — Chinese Proverb
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Remote AB Switches ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands. ABX-1 ABX-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems. ABX-3 Common Features:
Prism-IPX Systems LLC. 11175 Cicero Dr., Alpharetta, GA 30022 |
Think you know our Sun? Check out THESE 5 stunning facts
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2/5 |
The Sun’s volume would need 1.3 million Earths to fill it. Its gravity holds the solar system together, keeping everything from the biggest planets to the smallest bits of debris in orbit around it. The hottest part of the Sun is its core, where temperatures top 27 million degrees Fahrenheit (15 million degrees Celsius). The Sun’s activity, from its powerful eruptions to the steady stream of charged particles it sends out, influences the nature of space throughout the solar system. (NASA) |
3/5 |
According to NASA, measuring a “day” on the Sun is complicated because of the way it rotates. It doesn't spin as a single, solid ball. This is because the Sun’s surface isn't solid like Earth's. Instead, the Sun is made of super-hot, electrically charged gas called plasma. This plasma rotates at different speeds on different parts of the Sun. At its equator, the Sun completes one rotation in 25 Earth days. At its poles, the Sun rotates once on its axis every 36 Earth days. (NASA) |
4/5 |
Above the Sun’s surface are its thin chromosphere and the huge corona (crown). This is where we see features such as solar prominences, flares, and coronal mass ejections. The latter two are giant explosions of energy and particles that can reach Earth. (Pixabay) |
5/5 |
The Sun doesn’t have moons, but eight planets orbit it, at least five dwarf planets, tens of thousands of asteroids, and perhaps three trillion comets and icy bodies. Also, several spacecraft are currently investigating the Sun including Parker Solar Probe, STEREO, Solar Orbiter, SOHO, Solar Dynamics Observatory, Hinode, IRIS, and Wind. (Pixabay) |
| Source: | Hindustan Times |
| Leavitt Communications |
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| Inside Towers Newsletter |
Tower Talks: Power Ascender Use Growing Among Tower Climbers
Tower climbing has been cited as one of the most dangerous jobs anywhere. A big part of the challenge for working at heights is just the physical toll that climbing up and down tall structures demands. Often the fatigue factor raises the injury risk level for workers. Power ascenders are being incorporated into tower climbing training courses and safety standards as a tool that can enhance climber health and safety. Bryant Bertrand, CEO of Ronin Revolution, developer of the RONIN LIFT power ascender joins John Celentano, Inside Towers Business Editor, with an update on power ascender acceptance and use in tower climbing. Learn more from the NATE/SEMC White Paper: “Powered Ascender Use on Antenna Supporting Structures” and stop by booth 326 at NATE Unite to meet with Ronin. Hear this and much more on the podcast, available on our website, Amazon Music, Spotify and iTunes. |
| Source: | Inside Towers newsletter | Courtesy of the editor of Inside Towers, Jim Fryer. Inside Towers is a daily newsletter by subscription. |
| BloostonLaw Newsletter |
Sohn Confirmation Hearing Set for February 14In line with statements made by Senate Commerce Chair Maria Cantwell last week, a hearing has been scheduled for February 14 on the re-nomination of Gigi Sohn as the fifth FCC Commissioner. The hearing is scheduled for 10 a.m. ET and will be streamed live at www.commerce.senate.gov. As we reported in last week’s edition of the BloostonLaw Telecom Update, this will be Ms. Sohn’s third confirmation hearing since her original nomination in October of 2021. HeadlinesREMINDER: Annual HUBB Filing Due March 1Carriers participating in modernized Connect America Fund (CAF) programs with defined broadband buildout obligations have until March 1, 2022, to file deployment data with USAC's High Cost Universal Broadband (HUBB) portal showing where they built out mass-market, high-speed Internet service in calendar year 2022. Carriers that have no locations to upload must certify this fact in the HUBB portal. BloostonLaw attorneys are available to assist clients in uploading and certifying their HUBB location data. Specifically, Carriers participating in the following funds have until March 1, 2023, to file data for all locations deployed with CAF support in 2022, or certify that they have “no locations to upload”:
Carriers with 2022 deployment milestones must also complete milestone certifications as part of the annual HUBB filing – including separate milestone certifications for separate deployment obligations by speed tier – and will face verification reviews tied to those milestones. Carriers that miss milestones face increased reporting obligations and potential loss of support. Carriers that did not deploy to any locations in 2022 must still log into the HUBB and certify “no locations to upload” by March 1, 2023. BloostonLaw Contact: Sal Taillefer. Senate, House Reintroduce Broadband Grant Tax BillOn February 9, U.S. Sens. Mark Warner (D-VA) and Jerry Moran (R-KS) along with U.S. Reps. Mike Kelly (R-PA-16) and Jimmy Panetta (D-CA-19) reintroduced the Broadband Grant Tax Treatment Act (BGTTA) — legislation that would amend the Internal Revenue Code to ensure that funding for broadband deployment from the Infrastructure Investment and Jobs Act (IIJA) and the American Rescue Plan (ARP) will not be considered taxable income. This legislation was first introduced last Congress in both the Senate and the House of Representatives with bipartisan support. Grants awarded for the purposes of broadband deployment are currently factored into a company’s income and are subject to taxation. This bipartisan, bicameral legislation moves to exclude broadband deployment grants awarded through the IIJA, ARP, and Tribal Broadband Connectivity Fund from an organization’s income, ensuring the entirety of federal dollars awarded to companies for the purpose of deploying broadband around the country can be used wholly for that purpose. Joining Sens. Warner and Moran as co-sponsors are Sens. Tim Kaine (D-VA), Roger Wicker (R-MS), Rev. Raphael Warnock (D-GA), Kevin Cramer (R-ND), Joe Manchin (D-WV), Shelley Moore Capito (R-WV), Angus King (I-ME), James Risch (R-ID), Mark Kelly (D-AZ), Tommy Tuberville (R-AL), Kyrsten Sinema (I-AZ), Lisa Murkowski (R-AK), Bob Menendez (D-NJ), Michael Bennet (D-CO), and Tammy Baldwin (D-WI). Original co-sponsors in the House of Representatives are U.S. Reps. Terri Sewell (D-AL-07), Drew Ferguson (R-GA-03), Buddy Carter (R-GA-01), and Dan Kildee (D-MI-08). Joining Sens. Warner and Moran as co-sponsors are Sens. Tim Kaine (D-VA), Roger Wicker (R-MS), Rev. Raphael Warnock (D-GA), Kevin Cramer (R-ND), Joe Manchin (D-WV), Shelley Moore Capito (R-WV), Angus King (I-ME), James Risch (R-ID), Mark Kelly (D-AZ), Tommy Tuberville (R-AL), Kyrsten Sinema (I-AZ), Lisa Murkowski (R-AK), Bob Menendez (D-NJ), Michael Bennet (D-CO), and Tammy Baldwin (D-WI). Original co-sponsors in the House of Representatives are U.S. Reps. Terri Sewell (D-AL-07), Drew Ferguson (R-GA-03), Buddy Carter (R-GA-01), and Dan Kildee (D-MI-08). BloostonLaw Contacts: Ben Dickens and Sal Taillefer. Comments on Full Power/Class A Rule Revisions Due April 10On February 9, the FCC published in the Federal Register its Notice of Prop Notice of Proposed Rulemaking (NPRM) seeking comment in MB Docket No. 22-227 on proposals to update rules to comprehensively delete, update, or otherwise revise Commission rules for full power and Class A television stations that no longer have any practical effect given the transition from analog to digital-only operations and the completion of the post-incentive auction transition to a smaller television band with fewer channels. Accordingly, comments are due on or before April 10 and reply comments on or before April 25. Among other things, the proposed revisions would:
BloostonLaw Contacts: Cary Mitchell and Sal Taillefer. Law and RegulationReps. Stefanik, Khanna, and Gallagher Reintroduce FACT ActOn February 3, Congresswoman Elise Stefanik (R-NY), a senior member of the House Armed Services Committee and a member of the House Permanent Select Committee on Intelligence, Congressman Ro Khanna (D-CA), and Congressman Mike Gallagher (R-WI) reintroduced the bipartisan Foreign Adversary Communications Transparency (FACT) Act. According to a press release, this bill would require the FCC to publish a list of companies who hold FCC authorizations, licenses, or other grants of authority and have any ownership by foreign adversarial governments, including China, Russia, Iran, North Korea, Venezuela, and Cuba. “I’m working to shine a light on the malign influence of the Chinese Communist Party and our other foreign adversaries,” Stefanik said. “Allowing companies owned by China and our other foreign adversaries to have access to our critical infrastructure is playing with fire, and we must have transparency over the influence they can have over the lives of American citizens.” “It’s critical for our national security that we understand the influence that foreign governments wield over our telecommunications infrastructure,” said Rep. Khanna. “This is a common-sense bipartisan bill to help us get the facts about which companies operating here in America are owned in part by countries like China.” BloostonLaw Contacts: Ben Dickens and John Prendergast. Amazon’s LEO Satellite Broadband Proposal Gains Needed FCC ApprovalLast Wednesday, Amazon received FCC approval from the FCC to launch 3,236 satellites and to begin its “Project Kuiper” satellite Internet operations. The FCC’s approval of an updated orbital debris mitigation plan from Kuiper was necessary to satisfy a condition of the Commission’s 2020 action conditionally granting the company’s request to deploy and operate a Ka-band Non-Geostationary Satellite Orbit (NGSO) system. This additional approval "will allow Kuiper to begin deployment of its constellation in order to bring high-speed broadband connectivity to customers around the world." Kuiper Systems, LLC is a subsidiary of Amazon that was set up in 2019 to deploy a satellite Internet constellation. Amazon has signed launch contracts with three launch service providers for a total of 91 launches at an estimated cost of more than $10 billion over the next decade in order to build out the entire constellation. Approval of Kuiper’s orbital debris mitigation plan comes despite lobbying from rival SpaceX – the company behind the Starlink satellite Internet service – to impose stricter conditions on Kuiper’s deployment in space. “Amazon unfortunately continues to disregard established safe operational practices, relying instead only on lower-cost alternatives and vague promises to paper over its shortcomings,” SpaceX claimed in December. The FCC order said in a footnote, "In terms of numbers of satellites, we observe that SpaceX’s proposed second generation Starlink constellation, which has been authorized in part, is almost ten times as large as Kuiper’s planned system." The FCC also said the requirements imposed on the Kuiper and SpaceX constellations are similar. In December 2020, Amazon unveiled a high-level overview of the low-cost flat-panel customer premise antenna that it plans to use for the Project Kuiper satellite constellation. The Ka-band phased-array antenna is significantly smaller than traditional antennas that operate at 17-30 GHz. The antenna is just 12 inches wide and is expected to support up to 400 megabits per second of data bandwidth at over 5x less cost than traditional state-of-the-art flat-panel antennas. A flat-panel antenna that can be produced in high volumes and relatively low costs has become one of the biggest challenges for satellite Internet providers. Antennas with electronically steered beams are necessary for seamlessly communicating with satellites as they pass in and out of view. BloostonLaw Contacts: John Prendergast and Cary Mitchell. IndustryNTIA Promises to Strictly Enforce Buy America ProvisionsOn February 9, the National Telecommunications and Information Administration (NTIA) published an online blog post indicating that the agency intends to “strictly enforce ‘Build America, Buy America’ (BABA) requirements outlined in the Bipartisan Infrastructure Law and the Internet for All Notices of Funding Opportunity (NOFOs).” The agency’s blog post comes after President Biden’s State of the Union address, in which his said, [w]e’re making sure that every community has access to affordable, high-speed Internet And when we do these projects, we’re going to Buy American.” NTIA reports that it has taken the President’s words to heart, writing, “The president made clear that while Buy America has been the law of the land since 1933, too many administrations have found ways to skirt its requirements.” DeadlinesMARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of last year, is due March 1. The form covers the period July 1 to December 31 and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. BloostonLaw Contact: Sal Taillefer MARCH 1: CPNI ANNUAL CERTIFICATION. Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for this year. The certification must be filed with the FCC by March 1. Note that the annual certification should include the following three required Exhibits: (a) a detailed Statement Explaining How the Company’s Operating Procedures Ensure Compliance with The FCC’S CPNI Rules to reflect the Company’s policies and information; (b) a Statement of Actions Taken Against Data Brokers; and (c) a Summary of Customer Complaints Regarding Unauthorized Release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and file the certification with the FCC in the correct fashion. Our clients can send the original to BloostonLaw in time for the firm to make the filing with the FCC by March 1, if desired. BloostonLaw is prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance manual should contact the firm for more information. Note: If you file the CPNI certification, you must also file the FCC Form 499-A Telecom Reporting Worksheet by April 1. BloostonLaw contact: Cary Mitchell. MARCH 1: HUBB LOCATION DATA FILING AND CERTIFICATION. Carriers participating in modernized Connect America Fund (CAF) programs with defined broadband buildout obligations have until March 1 of each year to file deployment data with USAC's High Cost Universal Broadband (HUBB) portal showing where they built out mass-market, high-speed Internet service in the previous calendar year. Carriers that have no locations to upload must certify this fact in the HUBB. Affected programs include: CAF Phase II Model; Alternative Connect America Cost Model (Original A-CAM) and Revised ACAM; ACAM II; Connect America Fund Broadband Loop Support (CAF BLS); Rural Broadband Experiments (RBE); Alaska Plan (other than carriers with individualized performance plans that only require them to maintain service at existing levels); CAF Phase II Auction; and Rural Digital Opportunity Fund (RDOF). Carriers with 2022 deployment milestones must also complete milestone certifications as part of the annual HUBB filing and will face verification reviews tied to those milestones. Carriers subject to defined deployment milestones must notify the FCC and USAC, and relevant state, U.S. Territory or Tribal governments if applicable, within 10 business days after the applicable deadline if they have failed to meet a milestone. Carriers that miss milestones face increased reporting obligations and potential loss of support. BloostonLaw attorneys have successfully assisted clients in uploading and certifying their HUBB location data, as well as obtain petitions for waiver of the FCC’s rules where necessary. BloostonLaw Contact: Sal Taillefer. APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis exemption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the FCC. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service. BloostonLaw Contact: Sal Taillefer. APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that (1) states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules; (2) states that the company has in fact kept records for the previous calendar year; (3) contains contact information for the individual or individuals handling customer complaints under Part 14; (4) contains contact information for the company’s designated agent; and (5) is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company. BloostonLaw Contacts: Sal Taillefer.
Calendar At-a-GlanceFebruary March April Blooston, Mordkofsky, Dickens, & Prendergast, LLP is a telecommunications law firm representing rural telecommunications companies, wireless carriers, private radio licensees, cable TV companies, equipment manufacturers and industry associations before the FCC and the courts, as well as state and local government agencies. Our clients range from Fortune 500 companies to small and medium-sized enterprises whose vitality and efficiency depend on the effective deployment of communications. |
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| LETTERS TO THE EDITOR |
We have prepared suggested comments on the FCC’s Data Breach Reporting NPRM (FCC 22-106). The comments urge the Commission not to expand the definition of a breach for purposes of the CPNI rules to include situations where there has been a simple mistake, and data is acquired in good faith by employees or agents but not used improperly or disclosed. We think the Commission should instead adopt a “no harm/no reporting” rule that would allow small and rural service providers to focus their limited resources on data security and ameliorating the harms caused by data breaches. Otherwise, rural carriers could have to report to law enforcement simple employee mistakes that did not result in harm to any customer. The comments also propose that the FCC set a reporting threshold of 1,000 affected customers before notice is required to the FCC and other federal law enforcement agencies, and to refrain from adopting minimum content requirements for a breach notification notice that could conflict with what is required under state law. It is important that small and rural carriers are heard in this proceeding so that data breach reporting requirements are not overly burdensome. For this reason, we are limiting the cost of participation in this effort to $200 per company. If you wish to support, please respond by reply email by Tuesday, February 21 or contact Cary Mitchell at 202-828-5538 with any questions. Please let us know if you experience any problems opening the attached file. To insure continued receipt of information from our firm via email, please have your IT Team "White List" our email address newsletter@bloostonlaw.com Please note that we have moved into a new suite within our building. Our new suite is now Suite 825. Blooston, Mordkofsky, Dickens & Prendergast, LLP |
Before the
COMMENTS OF THE BLOOSTON RURAL CARRIERS
DISCUSSION
I. Expanding the Definition of “Breach” II. Notification of the Commission and Federal Law Enforcement of Data Breaches
III. Notifying Customers of Data Breaches
IV. TRS Breach Reporting
CONCLUSION
Blooston, Mordkofsky, Dickens & Prendergast, LLP
1 In the Matter of Data Breach Reporting Requirements, Notice of Proposed Rulemaking, FCC 22-102 (rel. January 6, 2023) (“Data Breach Reporting NPRM” or “NPRM”). 2 See, e.g., Alabama S.B. 318 (requiring notice to State AG and consumer reporting agencies if breach involves more than 1,000 individuals); Alaska Stat. § 45.48.010 et seq. (requiring notice to consumer reporting agencies if breach involves more than 1,000 residents); Ariz. Rev. Stat. § 44-7501 (requiring notice to AG and the Director of the Arizona Department of Homeland Security if breach involves more than 1,000 residents); Hawaii Revised Statutes 487N-1 (requiring notice to Hawaii’s Office of Consumer Protection and consumer reporting agencies if breach involves more than 1,000 residents); Ind. Code §§ 4-1-11 et seq., 24-4.9 et seq. (if more than 1,000 individuals must be notified of a breach, breached entities must also inform all consumer reporting agencies); Kansas Statutes 50-7a01 (if more than 1,000 individuals must be notified of a breach, breached entities must also inform all consumer reporting agencies); KY Rev. Stat. §365.732 (if more than 1,000 individuals must be notified of a breach, breached entities must also inform all consumer reporting agencies); Maryland Commercial Code 14-3501 (if more than 1,000 individuals must be notified of a breach, breached entities must also inform all consumer reporting agencies); Missouri Revised Statutes 407.1500 (requiring notice to AG and the Director of the Arizona Department of Homeland Security if breach involves more than 1,000 residents); N.M. Stat. 57-12C-1 et seq. (must notify AG if more than 1,000 NM residents are to be notified as a result of a single security breach); South Carolina Code 39-1-90 (if more than 1,000 individuals must be notified, breached entities must notify the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies); Virginia Code 18.2-186.6 and 32.1-127.1:05 (if more than 1,000 individuals must be notified, breached entities must also alert all consumer reporting agencies and the state AG). 3 See, e.g., Fla. Stat. § 501.171; Colorado Revised Statutes 6-1-716. 4 See, e.g., Delaware Code Title 6, Chapter 12B; Louisiana Revised Statutes 51:3071; South Dakota Codified Laws Chapter 22-40-20 5 See Connecticut General Statutes 36a-701b. |
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IMPORTANT 
The law firm of Blooston, Mordkofsky, Dickens & Prendergast, LLP, on behalf of its rural and independent telephone carrier and wireless service provider clients (the “Blooston Rural Carriers”), hereby submits comments on the above-captioned Notice of Proposed Rulemaking which seeks to update and improve the FCC’s data breach reporting rules.1 The Blooston Rural Carriers have many years of experience providing advanced telecommunications to individuals and businesses. Protecting the personal and proprietary data of these customers is a matter that they understand and take very seriously. 
